Seller's liability in case of housing problems

Questioner

We bought a house in May 2015. Now it turns out after the winter that our energy consumption is many times higher than expected, estimated. After investigation, two things become apparent: 1. After a service, the installer finds that the boiler has been incorrectly connected. There is no proper ventilation, which poses a risk of CO2 poisoning. 2. A boiler has been installed that is only suitable for high-rise buildings and not for a family home. The boiler was replaced in November 2014, this has been emphasized several times by the seller and the selling agent as a plus point of the house. Can the seller be held liable and if so, for what? Thanks in advance for your advice!

Lawyer

The buyer has a duty to investigate and the seller has a duty to inform. In this specific case, the question must be answered whether the seller should have known the points you list. I do not think so because the seller should have noticed the higher annual statement and that may not have come until just before or after the date of sale. Moreover, a non-professional person may assume that an installation is suitable for the house and has been installed correctly. Which does not mean that the seller is not obliged to pay you any compensation on the grounds of non-conformity or error. I can help you with that.

Lawyer

If you bought the house with the regular NVM purchase agreement, the full risk is placed with you in article 5.1. Article 5.3 states that the seller only guarantees that the house is suitable for normal use. Of the complaints you mention, point 2 is not so serious that it prevents normal use as a home. The first complaint is serious: you cannot use the house safely. That results in a breach of the guarantee in article 5.3. In my opinion, you can pass the costs of correctly connecting the CO2 exhaust on to the sellers. Whether the seller has concealed the high energy bills is only relevant if incorrect information about this was included in the sales information, or if an incorrect answer was given to a question from you about this.